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GENDER EQUALITY IN ENVIRONMENTAL LAW: THE ROLE AND
PARTICIPATION OF WOMEN
Abdurofiyeva Nodirabonu
Termiz State University
3rd-year student of the Faculty of Law
Abstract:
This paper explores the intersection of gender equality and environmental law, with a
particular focus on the role and participation of women in environmental decision-making, policy
development, and legal frameworks. It highlights how environmental degradation
disproportionately affects women, especially in developing countries, and how their
underrepresentation in legal and institutional structures can limit sustainable environmental
outcomes. Drawing on international frameworks such as CEDAW and the Rio Declaration, as
well as national case studies, the article advocates for a gender-sensitive approach in
environmental governance.
Keywords;
Gender equality, environmental law, women's participation, sustainable development,
environmental governance, climate justice.
Environmental law is a critical tool for ensuring sustainable development, ecological balance, and
climate justice. However, the integration of gender perspectives in environmental governance has
historically been limited. Women, particularly in rural and indigenous communities, are often the
first to experience the consequences of environmental degradation due to their roles in water
collection, agriculture, and family care. Despite this, they are significantly underrepresented in
policymaking and legal frameworks that determine environmental outcomes.
This paper argues that gender equality is not only a matter of social justice but also a necessary
condition for effective and equitable environmental law. By analyzing both global and national
legal instruments, we examine how the inclusion of women in environmental decision-making
contributes to more inclusive, equitable, and sustainable solutions.
This study is based on a qualitative analysis of:
International legal instruments
: CEDAW, the Rio Declaration, Agenda 21, the Paris
Agreement;
National environmental laws
from selected countries (e.g., India, Kenya, Sweden,
Uzbekistan);
Case studies
of women-led environmental movements and litigation;
Secondary sources
, including academic literature and reports from UN agencies and
NGOs.
A gender-based legal analysis framework was applied to examine the extent to which women’s
rights and roles are acknowledged and promoted within environmental law.
Gender Disparities in Environmental Impact
Numerous studies show that women are more vulnerable to the impacts of climate change and
environmental degradation. For example:
In sub-Saharan Africa, women spend up to 40% of their day collecting water due to
drought.
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During natural disasters, mortality rates among women are often higher due to limited
mobility, information access, and social restrictions.
Yet, their voices are rarely included in the planning of environmental resilience or adaptation
strategies.
Women’s Participation in Environmental Law and Policy
Only
8% of environment ministers globally
are women (UNEP, 2022).
In many national environmental agencies, women hold fewer leadership roles or are
excluded from land ownership and resource access rights.
Legal frameworks often lack gender-sensitive language or provisions.
International Legal Instruments Promoting Gender in Environmental Governance
CEDAW (1979)
calls for equal rights of women in political and public life, which
includes participation in environmental policymaking.
Rio Declaration (1992)
Principle 20 affirms women’s vital role in environmental
management and sustainable development.
Agenda 21
explicitly mentions gender equality in environmental strategies.
Paris Agreement (2015)
incorporates gender-responsive adaptation and capacity-building
strategies.
Legal Gaps and Institutional Barriers
While international frameworks recognize gender equality, many national laws fall short in
implementation. Common issues include:
Lack of
gender-disaggregated data
in environmental assessments.
Absence of
quotas or affirmative action
policies in environmental bodies.
Weak enforcement mechanisms to uphold women’s rights in land and resource disputes.
Benefits of Women’s Inclusion
Women-led environmental initiatives often produce effective, community-centered outcomes:
In India, the
Chipko Movement
showed how rural women’s leadership halted
deforestation.
In Kenya,
Wangari Maathai’s Green Belt Movement
linked reforestation with women’s
empowerment.
In Bolivia and Colombia, women have led successful lawsuits against environmentally
harmful mining and agribusiness activities.
These cases highlight that women’s inclusion enhances not only representation but the quality and
sustainability of decisions.
Gender equality in environmental law is not just a human rights issue—it is a strategic necessity
for achieving environmental sustainability and climate resilience. Despite some progress at the
international level, national implementation remains inconsistent and insufficient.
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Recommendations
1.
Mainstream gender
in all environmental legislation and policymaking processes.
2.
Ensure
equal access to natural resources and land ownership
for women.
3.
Introduce
gender quotas
in environmental decision-making bodies.
4.
Provide
legal aid and capacity-building
for women to participate in environmental
litigation and advocacy.
5.
Promote
gender-responsive budgeting
in environmental projects.
References:
1.
United Nations. (1979). Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW).
2.
United Nations. (1992). Rio Declaration on Environment and Development.
3.
United Nations. (2015). Paris Agreement.
4.
UNEP. (2022). Gender and the Environment Report.
5.
Shiva, V. (2005). Staying Alive: Women, Ecology and Development.
6.
Agarwal, B. (1992). The Gender and Environment Debate: Lessons from India.
7.
FAO. (2021). The State of Food and Agriculture: Women and Agriculture.
